109 STAT. 1118 PROCLAMATION 6763—DEC. 23, 1994 Annex (con.) -69- Section A. (continued)
(30). The additional U.S. note to section IV Is modified by adding the following new additional U.S. note:
"2. For the purposes of this section, unless the context otherwise requires--
(a) the term "percent by dry weight" means the sugar content as a percentage of the total solids in the product;
(b) the terms "capable of being further processed or mixed with similar or other ingredients" means that the imported product is in such condition or container as to be subject to any additional preparation, treatment or manufacture or to be blended or combined with any additional ingredient, including water or any other liquid, other than processing or mixing with other ingredients performed by the ultimate consumer prior to consumption of the product;
(c) the term "prepared for marketing to the ultimate consumer in the identical form and package in which imported" means that the product is imported in packaging of such sizes and labeling as to be readily identifiable as being intended for retail sale to the ultimate consumer without any alteration in the form of the product or its packaging; and
(d) the term "ultimate consumer" does not include institutions such as hospitals, prisons and military establishments or food service establishments such as restaurants, hotels, bars or bakeries."
(31). Subheadings 1604.13.45 and 1604.13.50 are superseded by:
| [Prepared or preserved fish;...:] | ||||
| [Fish, whole or in pieces,...:] | ||||
| [Sardines, sardinella and...: ] | ||||
| [Other:] | ||||
| "160 .13. 90 | Other | [See section D to this Annex) | Free (A,E,IL,J, MX) 1.8X (CA) |
25% |
(32). The additional U.S. notes to chapter 17 are modified by:
(a). deleting additional U.S. notes 2, 3 and 4;
(b). by renumbering additional U.S. note 5 as additional U.S. note 11;
(c). by inserting the following additional U.S. notes in numerical sequence; and
(d). the first sentence and the text "Thereafter, " in subdivision (a)(i), subdivision (a) of additional U.S. note 7, subdivision (a) of additional U.S. note 8, subdivision (a) of additional U.S. note 9, the parenthetical phrase "(beginning with October 1, 1995)" wherever it appears in each of aforementioned notes (as added herein), are all deleted and the remaining subdivisions redesignated accordingly on October 1, 1995:
2. For the purposes of this schedule, the term "{{u|articles containing over 65 percent by dry weight of sugar described in additional U.S. note 2 to chapter 17" means articles containing over 65 percent by dry weight of sugars derived from sugar cane or sugar beets, whether or not mixed with other ingredients, capable of being further processed or mixed with similar or other ingredients, and not prepared for marketing to the ultimate consumer in the identical form and package in which imported.
